What Is Eminent Domain?
Eminent domain is the government’s right to take a person’s private property for public use. For example, the government may take a person’s private property for the purpose of flood protection.
Does The Government Have To Pay Me To Take My Property?
The government must compensate a person from whom private property is taken. For example, the government may buy-out private property located in the footprint of a flood protection plan.
Who Can I Contact With Questions About Eminent Domain?
Legal Services of North Dakota (LSND) provides free legal help to low-income and elderly people.
What Is Just Compensation?
Just compensation is the fair market value of the property.
In establishing the amount of compensation, the government shall not consider any change in the fair market value of the property caused by the reason the project is necessary. For example, the government must appraise a flood damaged home at its pre-flood fair market value.
What Must The Government Show Before It Can Take Private Property?
The government must show the property is being taken for a use authorized by law. The government must show that taking the property is necessary for that use.
How Will The Government Take Private Property?
The government has a duty to negotiate with a property owner. The government must establish the amount of just compensation or fair market value of the property and promptly make an offer to the property owner for the full amount. The government must provide the property owner with a written appraisal or a written statement and summary for the amount of compensation.
What If My Property Is Damaged By The Disaster, I Received An Abatement Or Demolition Notice, But My Property May Be Taken By Eminent Domain In The Future?
Even if your private property may be located in the area of a future buy-out, you must abate any source of nuisance, source of filth, and any cause of sickness when necessary to protect the public health and safety
What Can I Do If I Do Not Want The Government To Take My Property?
A person with an interest in any of the property to be taken may file a complaint with the District Court. The court shall hear and determine the parties’ claims to the property sought to be condemned and the damages thereof. The court shall determine the respective rights of the parties seeking condemnation of private property
Who Do I Contact With Additional Questions?
Seniors 60 and over Call:
1-866-621-9886
Others Call:
1-800-634-5263
You may apply for legal services by completing our online website application.